BORLAND SOFTWARE CORPORATION
LICENSE TERMS
BORLAND JBUILDER 6 ENTERPRISE
NOTICE: THIS BORLAND SOFTWARE PRODUCT (TOGETHER WITH ITS ACCOMPANYING
DOCUMENTATION, THE "PRODUCT") IS THE PROPERTY OF BORLAND SOFTWARE
CORPORATION ("BORLAND"). THE PRODUCT IS MADE AVAILABLE TO YOU, THE
ORIGINAL PURCHASER, SUBJECT TO THE FOLLOWING LICENSE AGREEMENT
("LICENSE"). PLEASE READ THIS LICENSE CAREFULLY BEFORE INSTALLING OR
USING THE PRODUCT. A COPY OF THIS LICENSE IS AVAILABLE FOR YOUR FUTURE
REFERENCE IN THE "LICENSE.TXT" FILE PROVIDED WITH THE PRODUCT.
YOU MAY ACCEPT THIS LICENSE BY PLACING A CHECK IN THE "I ACCEPT THE
LICENSE AGREEMENT" BOX BELOW. YOU MAY REJECT THIS LICENSE, AND TERMINATE
THIS INSTALLATION PROCESS, BY CLICKING THE "CANCEL" BUTTON BELOW. IF YOU
DO NOT ACCEPT THIS LICENSE, THEN YOU MAY NOT INSTALL OR USE THE PRODUCT.
IN THAT CASE, YOU MAY, WITHIN TEN (10) DAYS AFTER YOU FIRST RECEIVED THE
PRODUCT, RETURN IT TO BORLAND OR YOUR BORLAND AUTHORIZED RESELLER, ALONG
WITH ITS ORIGINAL PACKAGING AND PROOF-OF-PURCHASE, FOR A FULL REFUND.
ANY USE BY YOU OF THIS PRODUCT ALSO CONSTITUTES YOUR ACCEPTANCE OF THESE
TERMS.
Borland is only willing to grant you this License if you obtained the
Product from Borland or a Borland authorized reseller. If you obtained
the Product from any other source you may not install or use the
Product.
1. Ownership. The Product is proprietary to Borland. The Product is
licensed, not sold, to you notwithstanding any reference herein to
"purchases." You acknowledge and agree that: (a) the Product is
protected under U.S. copyright and other laws; (b) Borland and its
licensors retain all copyrights and other intellectual property rights
in the Product; (c) there are no implied licenses under this License,
and any rights not expressly granted to you hereunder are reserved by
Borland; (d) you acquire no ownership or other interest (other than your
license rights) in or to the Product; and (e) Borland owns all copies of
the Product, however made. You agree that you will not, at any time,
contest anywhere in the world Borlands ownership of the Product, nor
will you challenge the validity of Borlands rights in the Product. You
have no rights hereunder to use any trademark or service mark belonging
to Borland.
2. GRANT OF LICENSE AND SCOPE OF USE.
2.1 Grant of License. Subject to the terms and conditions of this
Agreement, Borland grants to you a personal, nonexclusive,
nontransferable and limited license to install and execute the Product
on one (1) computer for use by you or, if you are an entity, one (1)
person in your organization ("Named User") solely to create, compile
(including byte code compile), test and deploy, in source or object code
form, your own application programs and other works ("Works"). Subject
to the other terms and conditions of this Agreement, you may distribute
your Works to others for production use. You may also make one (1)
backup copy of the Product solely to replace the original copy provided
to you if the original copy is damaged or destroyed. All rights not
specifically granted to you herein are retained by Borland.
2.2 Multiple Licensed Copies. You may purchase from Borland or its
authorized reseller the right to make multiple copies of the Product
(each, a "Licensed Copy) or the right to permit multiple Named Users to
use a Licensed Copy. Such rights will be effective only when granted in
writing by Borland or its authorized reseller and are conditioned upon
your payment of the applicable fees. If you purchase the right to make
multiple Licensed Copies, you are granted, for each Licensed Copy, the
personal, nonexclusive, nontransferable and limited license to install
and execute the Licensed Copy on one (1) computer solely as permitted
under Section 2.1, subject to all the terms and conditions of this
Agreement. If you purchase the right to permit multiple Named Users to
use a Licensed Copy then you are granted for such Licensed Copy, the
personal, nonexclusive, nontransferable and limited license to install
and execute the Licensed Copy on one (1) computer solely as permitted
under Section 2.1 exclusively for use by such number of Named Users,
subject to all the terms and conditions of this Agreement. You agree
that you will not install or execute the Product on more computers than
the number Licensed Copies that Borland or its authorized reseller has
expressly permitted you to make and you will not allow the Product to be
used by more users than the number of Named Users that Borland or its
authorized reseller has expressly permitted to use each Licensed Copy.
2.3 Competitive Product Restrictions. You may not include the Product or
any component thereof, including any Redistributables (as defined in
Section 3) in any general-purpose software development tool, library,
component, or any other product that is generally competitive with or a
substitute for the Product or any other Borland product offerings; nor
may you use the Product to create a product or operate a service that is
generally competitive with the Product or any other Borland product
offerings, including any general-purpose software development tool. The
foregoing restriction does not apply, however, to your use of the
Product to develop "plug-ins" (i.e., integrations created using the
Products open tools API) so long as such plug-ins are designed to
provide supplementary functionality to the Product.
3. GENERAL TERMS THAT APPLY TO COMPILED PROGRAMS AND REDISTRIBUTABLES.
3.1 Redistributables. The Product may include certain files, libraries
and/or source code specifically designated as "redistributables" by
Borland in the accompanying printed or on-line documentation and that
are necessary to use Works created using the Product
("Redistributables"). From time to time, Borland may designate other
files as Redistributables. You should refer to the documentation,
including any "readme" or "deploy" files provided with the Product, for
additional information regarding Redistributables. Subject to the terms
and conditions of this License, you may freely redistribute source code
or compiled code that is entirely your own and does not contain any
Redistributables.
3.2 Licensing of Redistributables. Subject to the terms and conditions
of this License including the restrictions of Section 3.3, Borland
grants you the personal, non-exclusive, non-transferable and limited
license to: (a) make exact copies of the Redistributables and distribute
those copies solely as components of your Works and solely as required
for permitting end users of the Works ("End Users") to install and
execute the Works; (b) install and execute Redistributables, without
modification, on computers that you own or possess solely for your own
internal use; and (c) sublicense to your End Users the personal,
non-exclusive, non-transferable right to install and execute
Redistributables, without modification, solely as components of Works
and solely for such End Users own internal use, subject to End Users
compliance with the restrictions in Section 5 as to Redistributables.
The rights granted to you under this Section 3.2 may not be exercised by
others, including co-developers, regardless of how you might compile,
link, or package your Works. These rights apply only to Redistributables
and to no other file, library, source code or other component or
derivative work of the Product. They may be exercised only with respect
to Works created by you using a duly licensed, properly registered copy
of the Product.
3.3 Certain Restrictions. Regardless of any modifications that you make
and regardless of how you might compile, link, or package your Works:
(a) you may not permit your End Users to modify or further distribute
Redistributables or use Redistributables in any program that they
create; (b) you may not use Borland's or any of its suppliers' names,
logos, or trademarks to market your Works, except to state descriptively
that your Work was written using the Product; (c) you may not
incorporate or distribute a Redistributable with a Work or other program
that is capable of functioning as a general purpose development tool,
library, or component, or is otherwise o the terms and conditions of
this Agreement, you may exercise your rights under this license to use
the Product and to create Works solely for your own personal use in
providing or receiving instruction within the limited scope of guided
computer programming and/or software training courses in which you are a
direct and personal participant, either as student or instructor
("Courses"). You may only reproduce, distribute and use Works, in source
or object code form, to other participants of the Courses and then only
for educational or training purposes. You may not use the Products or
Works created with the products for any commercial, business,
governmental or institutional purpose of any kind, except to the extent
you are an instructor teaching a Course. You may also make one (1)
backup copy of the Product solely to replace the original copy provided
to you if the original copy is damaged or destroyed. All rights not
specifically granted to you herein are retained by Borland.
4.7 ADDITIONAL LICENSE TERMS APPLICABLE TO THIRD PARTY SOFTWARE
Certain components of the Product use or incorporate third-party
software programs and/or libraries ("Third-Party Software") which are
loaded (in both object and source code form) on the Product media. You
agree that Borlands third-party licensors and suppliers are intended
third party beneficiaries of all terms and conditions of this License
intended to protect intellectual property rights in the Product
(including the Third-Party Software) and limit certain uses thereof.
ADDITIONAL LICENSE TERMS FOR SITRAKA SOFTWARE
The Product includes Third Party Software provided by Sitraka Inc.
("Sitraka Software"). The Sitraka Software consists of the components
identified in the JBuilder Component Palette as"JClass". Notwithstanding
any provision in this License to the contrary, you may only use the
Sitraka Software for proof-of-development purposes (i.e. to establish
that the Sitraka Software is capable of a particular use). You may not
otherwise develop, compile, test, use or distribute any Works that
incorporate, or require the use of, the Sitraka Software unless you
first purchase a license to do so from Sitraka Software, Inc.
ADDITIONAL LICENSE TERMS FOR /N SOFTWARE
The Product includes arty Software provided by /N Software, Inc. ("/n
Software"). The /n Software consists of the files identified in the
JBuilder Component Palette file as "IP*Works!". Notwithstanding any
provision in this License to the contrary, you may only use the /n
Software for developing, compiling and testing Works and for no other
purpose. You may not distribute or put to a production use any Works
that incorporate, or require the use of, the /n Software unless you
purchase, for each such Work, a separate license to do so from /n
Software.
5. Limitations. You may not: (a) modify, adapt, alter, translate, or
create derivative works of the Product or merge the Product with other
software other than as described in the Products accompanying
documentation or as approved of in writing by Borland; (b) lease, rent
or loan the Product to any third party; (c) sublicense, distribute or
otherwise transfer the Product or any component thereof to any third
party except as expressly authorized under Section 3; (d) reverse
engineer, decompile, disassemble, or otherwise attempt to derive the
source code of the Product; (e) remove, alter, or obscure any
confidentiality or proprietary notices (including copyright and
trademark notices) of Borland or its suppliers on the Product; (f) allow
third parties to access or use the Product such as in a time-sharing
arrangement or operate the Product as part of a service bureau or,
except as expressly authorized under Sections 2, 3 or 4, otherwise for
the use or benefit of third parties; (g) reproduce or use the Product
except as expressly authorized under Sections 2, 3 or 4; or (h) disclose
or publish performance benchmark results for the Product. The rights
granted under this License apply only to this Product. You must procure
a separate license to use other Borland software. Furthermore, you may
not permit your End Users to conduct the restricted activities limited
by items (a) through (e), (g) and (h) above insofar as they apply to
Redistributables, and such End Users sublicense rights to the
Redistributables are conditioned upon compliance with such limitations.
The limitations in this Section 5 apply equally to your use of the
Product, in whole or in part, including any component or
Redistributable.
6. LIMITED WARRANTY AND DISCLAIMER. Borland warrants to you, the
original purchaser and to no other party, that any physical media
included with the Product, as and when provided to you, will be free of
physical defects in materials and workmanship for a period of ninety
(90) days after the date that you initially acquire Product. Your
exclusive remedy and Borland's sole liability for breach of this
warranty is that Borland will replace any defective media returned to
Borland within the ninety (90) day warranty period. This warranty does
not apply to damages resulting from misuse, abuse or neglect. Any
replacement media will be warranted as above for the remainder of the
original warranty period or twenty (20) days from the date we ship it to
you, whichever is longer. EXCEPT FOR THIS EXPRESS LIMITED WARRANTY, THE
PRODUCT IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. BORLAND
HEREBY EXCLUDES AND DISCLAIMS ALL IMPLIED OR STATUTORY WARRANTIES,
INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, RESULTS, EFFORTS OR QUIET
ENJOYMENT. THERE IS NO WARRANTY THAT THE PRODUCT WILL BE ERROR-FREE OR
WILL FUNCTION WITHOUT INTERRUPTION. YOU ASSUME THE ENTIRE RISK FOR THE
RESULTS OBTAINED USING THE PRODUCT. TO THE EXTENT THAT BORLAND MAY NOT
DISCLAIM ANY WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND
DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE
ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU
SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH
VARY FROM STATE TO STATE.
7. SERVICES; UPDATES; PRODUCT CHANGES. Borland is not required under
this License to provide any installation, training or other services to
you. Such services, if available, must be purchased separately. If,
pursuant to a separate support agreement or otherwise, Borland provides
you with a new release, error correction, update, upgrade or other
modification to the Product, such modification will be deemed part of
the Product, and subject to the terms of this License, unless the
modification is expressly provided subject to a separate license
agreement. Borland reserves the right at any time not to release or to
discontinue release of any Product and to alter prices, features,
specifications, capabilities, functions, licensing terms, release dates,
general availability or other characteristics of any future releases of
the Product.
8. Registration. You must register the Product with Borland as a
condition to your rights to use the Product. You will be prompted to
register the Product at the time of your installation or first use of
the Product, at which time you will be notified (or directed to online
resources explaining) how registration information provided by you may
be used and you will be afforded the opportunity to opt out of certain
uses of such information.
9. Confidentiality. The Product (including its underlying source code)
and the terms of this License contain confidential information of
Borland. You agree to hold this information in confidence, not disclose
it to any person (other than your employees and individual contractors
who use the Product and who have agreed to keep confidential any of
Borlands confidential information that you provide to them), and not use
it for any purpose other than the use and operation of the Product as
permitted under this License. These restrictions do not apply to
information which is or becomes (through no fault of yours) publicly
available. If you are required by law or order of a court or other
government authority to disclose Borlands confidential information, then
you will immediately notify Borland as soon as possible, but in any
event prior to the disclosure, and will cooperate with Borland, at its
expense and request, in any lawful action to contest or limit the scope
of such required disclosure.
10. LIMITATION OF LIABILITY. IN NO EVENT WILL BORLAND BE LIABLE TO ANY
PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR
PUNITIVE DAMAGES, INCLUDING ANY LOSS OF PROFIT, REVENUE, BUSINESS
OPPORTUNITY OR DATA, ARISING FROM OR RELATING TO THIS LICENSE OR THE
PRODUCT, WHETHER IN CONTRACT, IN TORT OR OTHERWISE, EVEN IF BORLAND
KNEW, SHOULD HAVE KNOWN OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. BORLANDS TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO
THIS LICENSE OR THE PRODUCT, WHETHER IN CONTRACT, IN TORT OR OTHERWISE,
WILL NOT EXCEED THE FEES ACTUALLY PAID BY YOU UNDER THIS LICENSE. THIS
SECTION 10 WILL APPLY EVEN IF AN EXCLUSIVE REMEDY HEREUNDER HAS FAILED
OF ITS ESSENTIAL PURPOSE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT
APPLY TO YOU.
11. THIRD PARTY CLAIMS. Borland will defend and settle any suit brought
against you by a third party (not your affiliate) based on a claim that
the Product infringes upon any U.S. copyright and Borland will pay those
costs and damages finally awarded against you in such suit that are
specifically attributable to such claims or those amounts payable by you
under a settlement of such suit. The foregoing obligations are
conditioned on you: (a) notifying Borland promptly in writing of such
action; (b) giving Borland sole control of the defense thereof and any
related settlement negotiations; and (c) cooperating and, at Borlands
request and expense, assisting in such defense. If the Product becomes,
or in Borlands opinion is likely to become, the subject of an
infringement claim that Borland is required to defend, then Borland may
(at its option and expense) either: (a) procure for you the right to
continue using the Product; (b) replace or modify the Product so that it
becomes non-infringing; or (c) terminate this License and your rights
hereunder to use the Product and refund a pro rata portion of any
license fee you paid under this License, based on a three (3) year
product life. Notwithstanding the foregoing, Borland will have no
obligation under this Section 11 or otherwise with respect to any
infringement claim based upon: (a) any use of the Product not in
accordance with this License or the products accompanying documentation:
(b) any use of the Product in combination with other products,
equipment, software, or data not provided by Borland; (c) any use of any
version of the Product other than the most current version made
available to you; or (d) any modifica of the Product by any person other
than Borland or its authorized agents ("Excluded Claims"). You will
indemnify Borland against all liability, damages and costs (including
reasonable attorneys fees) resulting from or related to an Excluded
Claim. This section 11 states Borlands entire liability and your sole
and exclusive remedy for third-party claims relating to the Product.
12. Audit. During the term of this License and for one (1) year
thereafter, upon reasonable notice and during normal business hours,
Borland or its outside auditors will have the right to enter your
premises and access your records and computer systems to verify that you
have paid to Borland the correct amounts owed under this License and
determine whether the Products are being used in accordance with the
terms of this License. You will provide reasonable assistance to Borland
in connection with this provision. You agree to pay the cost of the
audit if any underpayments during the period covered by the audit amount
to more than five percent (5%) of the fees actually owed for that
period.
13. TERM AND TERMINATION.
13.1 Term. The term of this License will begin as of the date that you
receive the Product and will remain in effect perpetually unless
terminated under this Section 13.
13.2 Termination for Convenience. You may terminate this License for any
reason, or for no reason, by giving Borland five (5) days written
notice.
13.3 Termination for Cause. Borland may terminate this License if you
breach your obligations hereunder. Borland will effect such termination
by giving you notice of termination, specifying therein the alleged
breach. If your breach is curable, you will have a grace period of
thirty (30) days after such notice is served to cure the breach
described therein. If the breach is cured within the thirty (30) day
grace period, then this License will remain in effect; otherwise, this
License will automatically terminate upon the conclusion of the thirty
(30) day grace period.
13.4 Effect of Termination. Upon the termination of this License for any
reason the following terms shall apply: (a) all rights granted under
this License will immediately terminate and you must stop all use of the
Product and any Redistributables; (b) you must immediately pay to
Borland all fees and expenses accrued prior to the effective date of
termination; (c) you must return to Borland or destroy all copies of the
Product provided to or made by you, and will, within ten (10) days after
the effective date of termination, provide Borland with written
certification that ah copies have been returned or destroyed; (d) you
must return to Borland all of its other confidential information that
you have received during the term of this License; and (e) all
provisions of this Agreement with the exception of the licenses granted
in Sections 2, 3 and 4, will survive termination of this License for any
reason.
14. GENERAL PROVISIONS.
14.1 Canadian Transactions. If you are subject to Canadian law, you
agree to the following:
The parties hereto have expressly required that the present License and
its Exhibits be drawn up in the English language. / Les parties aux
presentes ont expressement exige que la presente Convention et ses
Annexes soient redigees en langue anglaise.
14.2 Hazardous Uses. The Product is not intended for use, and you may
not use or allow others to use the Product, in connection with any
application requiring fail-safe performance such as the operation of
nuclear power facilities, air traffic control or navigation systems,
weapons control systems, life support systems, or any other system whose
failure could lead to injury, death, environmental damage or mass
destruction. You agree that Borland will have no liability of any
nature, and you are solely responsible, for any expense, loss, injury or
damage incurred as a result of such use of the Product.
14.3 Governing Law; Venue and Jurisdiction. This License will be
governed by and construed in accordance with the laws of the United
States and the State of California, without giving effect to any
conflicts or choice of laws principles that would require the
application of the laws of a different jurisdiction. The parties
expressly exclude the application of the 1980 United Nations Convention
on the International Sale of Goods (if applicable). Subject only to the
provisions of Section 14.6, any legal action, suit or proceeding arising
out of or relating to this License must be instituted exclusively in a
court of competent jurisdiction, federal or state, located within the
State of California, and in no other venue. Each party further
irrevocably consents to personal jurisdiction and venue in, and agrees
to service of process issued or authorized by, any such court.
14.4 No Jury Trials; No Joinder. Each party hereby irrevocably waives
its right to a jury trial in any legal action, suit or proceeding
between the parties arising out of or relating to this License. A copy
this License may be filed with the court as written consent by both
parties to a bench trial. You agree that any dispute you may have
against Borland cannot be joined with any diof any other person or
entity in a lawsuit, arbitration or any other proceeding, or resolved on
a classwide basis.
14.5 Severability. If any provision of this Agreement is held to be
illegal, invalid or unenforceable for any reason, then such provision
will be enforced to the maximum extent permissible and the remainder of
the provisions of this Agreement will remain in full force and effect.
14.6 Equitable Relief. The parties acknowledge and agree that it is
impossible to measure in money the damages that will accrue to Borland
by reason of your breach of this Agreement and that such a breach will
cause irreparable harm to Borland. In addition to any other right or
remedy available at law or in equity Borland will be entitled to
specific performance or injunctive relief to enforce or prevent any
breach of Sections 2, 3, 4, 5 or 9 without posting a bond or other
security, and may apply to any court of competent jurisdiction for such
relief notwithstanding the provisions of Section 14.3.
14.7 Attorneys Fees. In any action, suit or proceeding arising out of or
relating to this License, Borland, if it is the prevailing party, will
be entitled to recover from you its reasonable attorneys fees and
expenses in addition to any other relief that may be awarded.
14.8 Notices. A notice that is required or permitted under this
Agreement must be in writing and may be delivered by facsimile,
electronic mail, hand delivery, courier or mail. Notice will be deemed
effective upon the earlier of actual receipt by the intended recipient
or five (5) days after deposit with the U.S. Postal Service as certified
or registered mail (postage prepaid and return receipt requested)
addressed to recipient at its address set forth on the first page above
or as amended by notice pursuant to this section.
14.9 Assignment. You may not assign this License or assign any of your
rights or delegate any of your obligations under this License, by
operation of law or otherwise (including by merger, sale of assets or
consolidation), without Borlands prior written consent, which may be
granted, conditioned or withheld in Borlands sole discretion. Any
attempted assignment you in violation of this Section 14.10 will be void
and will constitute a material breach of this Agreement. Notwithstanding
the foregoing, Borland may assign this License at any time in its sole
discretion. Subject to thing, this Agreement will be binding upon and
will inure to the benefit of the parties and their respective successors
and permitted assigns.
14.10 Export Control. You may not directly or indirectly transfer the
Product, including its documentation, to any country if such transfer
would be prohibited by applicable law, including the U.S. Export
Administration Act and the regulations issued thereunder. You agree to
the foregoing and you are representing and warranting that you are not
located in, under the control of, or a national or resident of any such
country. You will be solely responsible for identifying and complying
with all laws of any jurisdiction outside of the United States regarding
the import, export or use of Products and technical data supplied by
Borland. You will obtain at your own expense all licenses, permits or
approvals required by any government to use the Product.
14.11 U.S. Government Rights. The Product is a "commercial item" as that
term is defined at 48 C.F.R. 2.101, consisting of "commercial computer
software" and "commercial computer software documentation" as such terms
are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48
C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users
acquire the Product with only those rights set forth in this License.
14.12 Waiver and Modifications. All waivers must be in writing. Any
waiver or failure to enforce a provision of this License on one occasion
shall not be deemed a waiver of any other provision or such provision on
any other occasion. This License may only be amended by a written
document signed by both parties.
14.13 Entire License. This License constitutes the entire, final and
exclusive agreement between you and Borland regarding the specific
license transaction described herein. No prior agreements,
understandings, statements, proposals or representations, written or
oral, apply. No written or oral statement, advertisement or product
description not expressly contained in this License can be used to alter
or supplement its terms. You may not rely on any representations or
statements not contained in this Agreement. Headings in this License are
for reference only and have no effect on any provisions meaning.
If you have any questions about this License, please contact your
Borland authorized reseller or Borland.
If you agree to the terms and conditions of this License Agreement,
please place a check in the "I ACCEPT THE LICENSE AGREEMENT" box below.
This will be the legal equivalent of your signature on a written
contract and the terms of this license shall be a legally binding
agreement betwe and Borland. You must agree to these terms and
conditions in order to install and use the Product. If you do not agree
with these terms and conditions, you should press the "CANCEL" button
below to exit this installation process, as Borland is unwilling to
license the Product to you in such case, and you may return the Product
within ten (10) days after you first received it to Borland or your
Borland authorized reseller, along with its original packaging and
proof-of-purchase, for a full refund.
Borland Software Corporation
100 Enterprise Way
Scotts Valley, CA 95066-3249